HomeMy WebLinkAbout962297RECEIVED 12/9/2011 at 10:40 AM
RECEIVING 962297
BOOK: 777 PAGE: 713
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
00 '713
WARRANTY DEED IN LIEU OF FORECLOSURE
James F. Vanderwall, Jr., of Wasilla, Alaska, as sole owner "Grantor for and in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to
him in hand paid, receipt and sufficiency of which is hereby acknowledged, and further in
consideration of (a) the waiver by the Wyoming Community Development Authority "Grantee
of its rights under the mortgage described below, including the right to foreclose said mortgage,
and (b) the agreement of Grantee to forgive, and thereby release Grantor from any further liability
for payment of the indebtedness outstanding and unpaid by Grantor pursuant to that certain
Promissory Note dated November 20, 2007, in the original principal amount of $106,625.00, (the
"Note and subject to the terms and limitations set forth in this deed, hereby grant, bargain,
convey and warrant to the Wyoming Community Development Authority whose address is 155 N
Beech St, Casper WY 82601, as Grantee, the following described real estate, situate in Lincoln
County, Wyoming, hereby releasing and waiving all rights, to -wit:
Lot 8 of Block 3 of West Valley Subdivision to the
Town of LaBarge, Lincoln County, Wyoming, as
described on the official plat thereof.
together with all buildings and improvements situate on said real property and all fixtures and
appurtenances thereto and including built -in appliances, appliances, window and floor coverings,
plumbing, heating and cooling equipment and other personal property currently on the property
(collectively, the "Property
Subject to reservations, restrictions and easements of record.
This deed is further subject to the following:
A. The lien for which this deed is given in lieu of foreclosure was created by a
Mortgage (the "Mortgage dated as of November 20, 2007, executed and granted by James F.
Vanderwall, Jr., as mortgagor, to Bank of the West, a California Corporation, as mortgagee, to
secure payment of the Note. The Mortgage was recorded in the records of the office of the
County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, on
November 21, 2007, in Book 679 at Page 457 as Receiving Number 935094. The Mortgage was
assigned to Grantee on January 9, 2008, and the Assignment was recorded in the records of the
office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of
Wyoming, on January 21, 2008, in Book 684 at Page 278 as Receiving Number 936361. This
deed and the conveyance being made hereunder, is being executed, delivered, and accepted in
lieu of foreclosure of the Mortgage and as an absolute conveyance to Grantee of all right, title,
equity, and interest of Grantor in the Property, including specifically, but without limitation, any
equity of redemption and the statutory right of redemption of Grantor therein or thereto.
B. This deed is an absolute conveyance of title for fair and adequate consideration
and is not intended as a mortgage, trust conveyance, or security interest of any kind. Grantor
declares that this conveyance is freely and fairly made and that there are no agreements, oral or
written, other than this deed and the accompanying Estoppel Affidavit of even date, executed by
Grantor with respect to the Property. The Grantor understands and agrees that this deed is being
accepted by the Grantee as an accommodation to the Grantor, conditioned on there being no
other liens, judgments, attachments or other encumbrances of record at the time this deed is
recorded, except as otherwise provided herein.
C. Notwithstanding anything to the contrary contained herein, the undersigned
acknowledges that the Grantee shall not be deemed to have accepted this Deed in Lieu of
Foreclosure and same is not effective until it has been filed of record by or on behalf of the
Grantee in the records of the Lincoln County Clerk.
Dated this 2` of N►oUe ioe 2011.
STATE OF l„ 44
ss
COUNTY OF V1J ec4
1
Official Seal
David Curley
14)Notary Public -State of Alaska
Comm. Expires 6/12/201
My Commission Expires: .Z r I`f
GRANTOR:
Jam. �V ann6iwall, Jr.
ACKNOWLEDGMENT AND JURAT
This instrument was signed, sworn to and acknowledged before me on this Z`a day of
2011, by James F. Vanderwall, Jr.
NOTARY PUBLIC t1
0071i